The sentence of sentence shall be suspended for the defendant.

A. At the time of mistake of facts, there was no assault that the victim left the victim at the time of mistake of facts and expressed the defendant's desire to do so, thereby preventing the defendant from suffering the victim, and considering the face of the victim, etc.

B. The Defendant’s crime of misapprehension of the legal doctrine constitutes an act that does not contravene social norms.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts, the defendant argued to the effect that the defendant was prevented from suffering a victim, as alleged in the grounds of appeal, and that there was no assault. On this, the court below held that the defendant could recognize the facts of assault as the victim at the time of the judgment of the court below by taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the defendant stated that the defendant, including the victim, was unable to suffer a victim by getting out of his/her hand and blocking him/her from suffering a victim by going outside his/her bath, and that the victim stated that he/she was 10 times at the time of the judgment of the court below (Evidence record 23 pages); (b) the victim stated that he/she was satisfying the victim at the time of the judgment of the court below that the victim was satisfy (Evidence record 23 pages); and (c) the victim stated that he/she was in contact with the part of the victim in the process.

Considering the records of this case and the reasoning of the judgment of the court below closely, it is just for the court below to acknowledge that the defendant committed an assault against the victim as stated in the facts constituting an offense at the time of original adjudication, and there is no error of law of misunderstanding of facts as alleged by the defendant.

The defendant's ground of appeal cannot be accepted.

B. The phrase “act that does not violate social rules” as stipulated in Article 20 of the Criminal Act, which judged the misapprehension of the legal principle, is the spirit of the entire legal order.